Decision

This decision relates to a motion brought by the Plaintiffs by Counterclaim for leave pursuant to Rules 233 and 238 of the Federal Courts Rules, SOR/98-106 for the production of documents from a non-party and leave to examine a non-party for discovery. As explained in greater detail below, the motion for production of documents is dismissed, because the Plaintiffs by Counterclaim have not satisfied me that the Court should exercise its discretion to order production by a non-party. There is presently no necessity for such an order, because of the availability of the evidence through production by the Defendants by Counterclaim. Further, the work associated with addressing privacy concerns associated with the evidence should be imposed upon the parties, not upon the non-party. The motion for leave to examine a non-party for discovery is granted in part, based on the non-party’s consent to such examination.

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I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property. Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. This website does not provide legal advice, and should not be relied upon. Hope you enjoy the site - Alan Macek